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[51]
austlii:vic/PPV/2025/13
General information, not legal advice.
PPV
2025-03-20
Original judgment source is linked above.
For the reasons set out in this report, the Panel concludes:
86 Wattle Road, Hawthorn, built in 1882, is significant.
Elements that contribute to the significance of the place include:
86 Wattle Road, Hawthorn, is of local historical and representative (architectural) significance to the City of Boroondara.
86 Wattle Road, Hawthorn is of local historical significance for the evidence it provides of an early and distinctive phase in the history of suburban development in Hawthorn. Early settlement in this part of Hawthorn along Wattle Road (established in the 1850s and then known as Weinberg Road) was associated with German immigrants who settled and farmed the land there between the 1850s and the early 1880s, establishing small vineyards and market gardens. Henry Hearne, gentleman, acquired several lots from Johann Fankhauser in 1877 and sold the subject site to printer Charles Edgerton in 1882. The Victorian-era house (built 1882) and garden illustrate the gradual subdivision and transfer of land from the early German landowners and the beginnings of suburban development in this part of Hawthorn. (Criterion A)
86 Wattle Road, Hawthorn is of local representative significance as a highly intact Italianate villa built in 1882 which retains its original front garden setting and layout. Overall the house demonstrates key characteristics associated with the Italianate style, including its slate hipped roof, moulded eaves brackets, bichromatic brickwork (front façade overpainted), cast iron verandah, tripartite sash windows and face brick chimneys with cement caps. The house and garden are of unusual very high intactness and integrity. The house appears to have had no major external alterations or additions since it was built 140 years ago. The significance is enhanced by the retention of its original front garden setting, which is uncommon for retaining its early form including an oval lawn and pathway layout as shown on a 1902-03 MMBW plan. The garden form is typical of Victorian era suburban house and villa front gardens. (Criterion D)
Mr Huntersmith's evidence confirmed his view that Cloughfin meets the threshold for local significance under both Hercon criterion A (historical significance) and Hercon criterion D (representative significance).
Meeting the threshold for historical significance (criterion A)
Mr Huntersmith noted the Wattle Road area was settled in the 1850s by early German immigrant families who used the land for agricultural purposes. The land on which Cloughfin now sits was sold in the early 1880s and the house was built in 1882. Mr Huntersmith considered the house and garden illustrate the gradual subdivision and transfer of land from the German immigrant families and the beginnings of suburban development in this part of Hawthorn.
Mr Huntersmith emphasised the unique historical development pattern in Wattle Road, noting that it differs from early subdivision patterns in other parts of Boroondara which were developed over relatively short periods and have largely consistent built forms and setbacks. Wattle Road, on the other hand:
... maintained its lane-like rural character and developed a distinctive urban form due to its ad hoc subdivision and development patterns, becoming built out with houses of varying scale, elaboration, allotment sizes and setbacks.
The owner of Cloughfin submitted that while the property illustrates early suburban development, it shares similar characteristics with many properties from this period which are not subject to the Heritage Overlay. They submitted:
Meeting the threshold for representative significance (criterion D)
Mr Huntersmith gave evidence that Cloughfin is highly intact and largely retains its original built form other than the recent demolition of the rear section of the property. Mr Huntersmith noted the other changes that have been made to the building (overpainting the front façade and replacing the original verandah floor with cement) were minimal and reversible.
Mr Huntersmith emphasised the many architectural features of Cloughfin that have been retained and that were features of the Victorian Italianate style. These include its original bluestone foundations, slate and corrugated iron hip roofs, the cast iron verandah with classical revival columns, tripartite double-hung windows, eave brackets, a raised brick cornice line, two of its three original chimneys and its original garden layout.
Mr Huntersmith gave evidence that while the rear section of the house was original, it was not crucial to an understanding of the original built form and layout of the house, or to an understanding of the primary significance of the place as a highly intact Victorian Italianate villa. He noted the rear section was:
In response to a question from the Panel, Mr Huntersmith confirmed the demolition of the rear section did not result in the place falling below the threshold for local significance. He indicated he would have considered the demolition of the rear section acceptable from a heritage perspective even if the rear section were visible from the public realm.
The owner acknowledged the high degree of intactness of the property, but submitted the lack of major alterations does not add to the property's significance if the original design is not particularly rare or noteworthy.
The owner acknowledged the original garden layout has been retained, but submitted this type of garden design is typical of many Victorian era properties and the presence of a garden in its original form does not necessarily make the property unique or of exceptional value. They submitted the overall importance of this particular garden design in comparison to others is not sufficiently distinctive to merit a Heritage Overlay.
Council submitted the structural integrity of the house, while poor, does not impact the heritage significance of the property.
Mr Huntersmith's evidence attached two reports into the condition of Cloughfin:
The Building Inspection Report found evidence of serious safety hazards, a major defect and minor defects. The serious safety hazards included:
The major defect was extensive moisture in the internal walls including rising damp. Minor defects included trip hazards on the garden paths, step cracking in the external brickwork, rusted roofs and door and windows needing repainting.
The Engineering Report found the building was uninhabitable in its current condition, which contained a range of defects that would require "replacement and major restoration". These included sagging ceilings which appeared to have become detached from the roof framing, rotted and poorly supported timber floors, large internal and external cracks and water stains in walls and ceilings. Recommended repairs included expansion and/or articulation joints in masonry walls, repair of the floorboards and sub-floor, fixing the rising damp, roof repairs, underpinning exterior walls and potentially restumping.
Mr Huntersmith considered both reports, and gave evidence that rectifying the defects would not result in the loss of the building's heritage significance.
Ms Pezzimenti provided a copy of application material for a permit application seeking permission for buildings and works to restore Cloughfin and construct a substantial extension on the rear of the house (D20). The application material indicates the estimated development cost to be $900,000.
Meeting the threshold for historic significance
The Panel acknowledges Mr Huntersmith's evidence that Wattle Road is representative of a unique development pattern in this part of Hawthorn, due to its ad hoc subdivision and development over a longer period of time than was typical for the subdivisions of the large mansion estates in the area.
The Panel was not, however, convinced that this historical context is sufficient for Cloughfin to meet the threshold for historical significance. As the owner pointed out, there is nothing in the historical narrative that specifically highlights Cloughfin as being central to the historical pattern of development in Wattle Road. Nor is there any evidence that Cloughfin is linked to any historically significant figures.
While Cloughfin may be a significant representative example of Victorian Italianate style (for the reasons discussed below), it is not clear from the citation or statement of significance, or Mr Huntersmith's evidence, how Cloughfin played a significant role in the historic development pattern in Wattle Road. This historical development pattern, while it may be unique, cannot be understood from Cloughfin alone. Rather, it requires an appreciation of Cloughfin in the context of the development in the rest of Wattle Road. The HO959 proposed to apply to Cloughfin is not, however, a precinct based entry.
On the material before it, the Panel is not persuaded that Cloughfin - as an individual property - is sufficiently representative of or provides a sufficient understanding of the historic development pattern in Wattle Road to meet the threshold for local significance under criterion A. The statement of significance should be amended to remove references to criterion A.
Meeting the threshold for representative significance
Past panels have established that places do not need to be considered landmark, exceptional, remarkable or pivotal at the local level to meet the threshold for local significance, but they do need to be 'better than typical'.[1]
The Panel accepts Mr Huntersmith's evidence that Cloughfin is a better than typical example of the Victorian Italianate style. It is highly intact, and demonstrates many of the features that are characteristic of the architectural style including the front garden layout. It compares well against other Victorian Italianate buildings in Boroondara referenced in GML Heritage's comparative analysis, that are protected under the Heritage Overlay as individually significant places.
The Panel acknowledges the owner's submission that the Italianate style was common in the 1880s, and many similar properties exist in the area and beyond. It agrees that the architectural features of Cloughfin listed in the statement of significance are representative of the style rather than unique or innovative. However this is what makes Cloughfin a representative example of the style. Its high degree of intactness makes it a better than typical example.
The Panel accepts Mr Huntersmith's advice that the demolition of the rear section of the house does not detract significantly from the intactness of the property, or its architectural significance as a better than average representative example of Victorian Italianate design. The statement of significance should be amended to reflect the demolition of the rear section.
The Panel agrees with Council that neither the Building Inspection Report nor the Engineering Report indicate that the structural integrity of the house has been diminished beyond repair or recognition. While extensive repairs would be required to make the building habitable and safe, neither report suggested demolition was an inevitable outcome, or that the repairs would be so significant that they would require removal of large amounts of external heritage fabric, or that the heritage significance of the property could no longer be recognised.
The cost of repairs or restoration works to a heritage place is not generally a relevant factor in assessing the place's heritage significance. That said, at some point the cost of repairs may become relevant, if the costs are so significant that they become unrealistic and demolition is the only likely outcome. The Panel is satisfied on the basis of the information in D20 that this is not the case for Cloughfin.
a) Amend the statement of significance for Cloughfin under the heading 'What is significant?': > > * delete 'historical and' > > b) Amend the statement of significance for Cloughfin under the heading 'Why is it significant?': > > * delete the first and last sentences in the first paragraph > * in the second paragraph, amend the fourth sentence to read:
"The house appears to have had no major external alterations or additions since it was built 140 years ago**, other than the demolition of the rear section."**
'Barrabool', 508-510 Burke Road, Camberwell, is significant. It was designed by architect Christopher Cowper as a surgery and residence for Dr William Forshaw, and constructed in 1920 by Gardner Constructions Pty Ltd.
Elements that contribute to the significance of the place include:
The current fence and the 1989 additions - the north end gable, rear dormer, and rear kitchen wing - are not significant.
'Barrabool' is of local historical and architectural significance to the City of Boroondara.
'Barrabool' is historically significant as an excellent example of the combined doctor's surgery and residence. Up until the 1950s, it was standard practice for medical practitioners to consult from home, usually from locations on main roads, such as Burke Road. This dual use is indicated by two separate entrances, to the residence on Burke Road and to the surgery on Currajong Avenue. Doctor's surgery-residences were often larger than the average dwelling, to accommodate multiple uses. 'Barrabool' demonstrates this particularly well, with its two principal facades and entries addressing the two street frontages. (Criterion A)
Designed by architect Christopher Cowper, one of a group of prominent late nineteenth century and early twentieth century architects that both lived and undertook repeated commissions in the area, 'Barrabool' is of historical significance for the evidence it provides of Boroondara as a locus for fine, leading architect-designed public and private buildings from the 1850s into the postwar period.
'Barrabool' is of architectural significance as a very substantial, well-designed and early example of an interwar Arts & Crafts Bungalow designed by architect Christopher Cowper. It builds upon the cross-gabled attic bungalows that became common in Boroondara's suburbs in the late 1910s while transitioning toward the elongated form and horizontality of interwar bungalow, as well as using a very simple palette of highly textured, natural cladding materials in keeping with the Arts & Crafts movement. It also includes early examples of key characteristics that were popularised later in the 1920s by suburban Californian Bungalows, such as projecting porches, strong horizontality emphasised by the long transverse roof ridge and reflected in shorter and wider window proportions, and the shed-roof front dormer. (Criterion D)
The issue is whether Barrabool meets the threshold for local significance.
Meeting the threshold for historical significance (criterion A)
Mr Huntersmith's evidence was that Barrabool is historically significant as an excellent example of the combined doctor's surgery and residence, which is a tradition identified in Boroondara's Thematic Environmental History in section 8.3.1 (Providing public health care: resident physicians). House surgeries, which started to be developed as early as 1856, were almost always located along major thoroughfares such as Burke Road. Mr Huntersmith noted that Barrabool's dual function as a doctor's surgery and residence remains evident from its dual entries, with the larger entry to the surgery on Burke Road and the smaller residential entry on Currajong Avenue.
Mr Huntersmith's evidence also pointed to the fact that Boroondara was "an important epicentre for fine architect-designed buildings" by leading architects such as Christoper Cowper, who designed Barrabool. This theme is identified in Boroondara's Thematic Environmental History in section 9.3.2 (Design of fine buildings: the work of prominent Melbourne architects).
Meeting the threshold for representative significance (criterion D)
Mr Huntersmith gave evidence that Barrabool is a fine example of an early interwar Arts and Crafts bungalow designed by Cowper, exhibiting many characteristics of the typology and demonstrating Cowper's transition from Federation era materials and decoration to the influences of the simpler Arts and Crafts movement, providing a link between his highly decorative Queen Anne style houses and Federation era attic bungalows of the 1910s to his fully developed interwar bungalows of the late 1920s.
Mr Huntersmith provided several comparable examples of other substantial Arts and Crafts bungalows protected under the Boroondara Heritage Overlay, including 12 Grange Road, Kew (also designed by Cowper) which the Panel viewed on its site inspection. He considered that Barrabool "demonstrates an intactness and quality of design that is comparable to these other individually significant places".
Mr Huntersmith pointed to several architectural features of Barrabool that demonstrate the transition from Federation era attic bungalows to those of the interwar period, including:
Council explained that Barrabool had been identified as the only individually significant property in the Municipal-Wide Heritage Gap Study Volume 2. (Camberwell) prepared in 2018. The Gap Study recommended an extension of the existing precinct based HO114 on the east side of Burke Road to include properties on the west side, including Barrabool. While the precinct extension was not supported by a previous panel in 2018,[2] the panel made no findings that Barrabool was not individually significant.
Meeting the threshold for historical significance (criterion A)
On the basis of Mr Huntersmith's evidence, the Panel is satisfied that Barrabool meets the threshold for local historic significance. It is a fine and highly intact example of a combined doctor's surgery and residence, which is identified in the Boroondara Thematic Environmental History an important theme in Boroondara's historical development. The Panel is also satisfied that Barrabool is a fine example of the work of prominent Boroondara architect Christopher Cowper, which demonstrates an important evolution in his work as he transitioned from the more decorative and ornate Queen Ann and Federation era styles to the more modest Arts and Crafts style.
Meeting the threshold for representative significance (criterion D)
The Panel accepts Mr Huntersmith's evidence that Barrabool is a fine example of the early interwar combined doctors surgery and residence in the emerging Arts and Crafts style. It demonstrates prominent features that are characteristic of the architectural style including the dominant horizontal form. It compares well against other Arts and Crafts style combined doctors surgery and residence buildings in Boroondara referenced in GML Heritage's comparative analysis, that are protected under the Heritage Overlay as individually significant places.
Report to Urban Planning Delegated Committee meeting on 5 June 2023 (to seek authorisation)
Pre-authorisation request for further information from Department of Transport and Planning (DTP)
Council response to DTP request for further information
Report to Urban Planning Delegated Committee meeting on 4 March 2024 (to seek authorisation)
Pre-authorisation request for further information from Department of Transport and Planning (DTP)
Council response to DTP request for further information
Report to Urban Planning Delegated Committee meeting on 2 December 2024 (to refer submissions to a panel), including minutes of Council resolution
Email from Melbourne Planning Pty Ltd advising the owner of Barrabool was withdrawing from the Hearing
Submission on preliminary issue (scope of relevant matters)
Expert report of Mark Huntersmith with attachments:
Copy of application material for permit application
[1] See, for example, Melbourne C387melb [2021] PPV 89 at page 55.
[2] Boroondara C274 Part 1 [2018] PPV 99